Riding a motorcycle can be exhilarating, but if you find yourself in an accident you must be prepared. Don’t face greedy insurance companies alone – talking to a Shreveport motorcycle crash lawyer right away is the best way to protect yourself and your rights.
Motorcycle accidents often result in serious injuries. Therefore, it’s important to be knowledgeable about these incidents and have access to a Shreveport motorcycle accident attorney if you are ever a victim of one. Having this support can help you understand your rights and get the legal help that you need.
Shreveport’s mild weather is a blessing for motorcyclists, but the danger of motorcycle accidents can’t be overlooked. Unfortunately, these accidents put many Shreveport residents at risk of life-altering injuries. Motorcycle accidents are among the most dangerous, as motorcyclists are more exposed and less protected than people inside a car or other type of vehicle.
When a motorcycle accident occurs, the consequences can be devastating. Victims, therefore, need to know they can file a claim against the responsible party and get compensated. For the best results, they should locate an expert motorcycle accident lawyer from a reputable law firm.
At Wright & Gray, we are aware of the hardships that come with a motorcycle crash case. We are always ready to provide you with the legal support when you need it most.
Explaining Motorcycle Accidents
Motorcycle collisions can happen between a motorcycle or other vehicles, or pedestrians. This means that motorcyclists and their passengers are at risk of getting hurt, in addition to occupants of other vehicles and pedestrians. So, it is important for all involved parties to be aware of the potential risks associated with these kinds of accidents.
Despite comprising a small percentage of all US-registered vehicles, motorcycles caused thousands of fatalities in 2019. 5,014 motorcyclists perished in traffic crashes last year alone. The high motorcycle fatality rate is easily explained when you take into consideration the lack of helmets and other protective gear. Without them, a motorcycle accident can easily result in severe injury or even death as riders are thrown onto the road.
Motorcycle accidents are as varied as car accidents and other traffic mishaps. Common examples include:
- Head-on collisions
- Left-turn motorcycle accidents
- Motorcycle lane switching/splitting accidents
- No-contact motorcycle accidents
- Motorcycle collisions with stationary objects
- Single-bike motorcycle accidents
- Rear-end accidents
Motorcycle crashes can cause severe injuries to the rider, some of which may be life-threatening. Examples of common injuries resulting from motorcycle accidents include:
- Arm fractures
- Spinal cord injuries
- Nerve damage
- Permanent nerve damage
- Traumatic brain injuries
- Other head injuries
- Broken ribs and bones
- Internal bleeding
- Organ damage
- Road rash
- Knee injuries
Motorcycle crashes can cause not just minor injuries but major ones, or worse – death. The facts show that many motorcycle crashes prove to be fatal, either immediately or during treatment following the accident. Consequently, motorcycle riders must seek medical attention promptly after being involved in an accident to ensure their safety.
What Are the Causes of Motorcycle Accidents?
Motorcycle crashes are on the rise and can be attributed to a multitude of factors, especially human error. Let’s explore some of the primary causes behind this worrying trend.
- Careless Lane Changes: Reckless lane changes by motorists are a major factor in motorbike accidents. This is because they fail to take into account their blind spots, also frequently neglecting to indicate when changing lanes.
- Speeding: Excess speed is a huge contributor to all forms of motor vehicle collisions. If a driver or bike rider exceeds the posted speed limit, it can easily result in a devastating crash. Driving at high speed doesn’t give drivers enough time to adjust to unexpected changes in traffic flow, which is why it often leads to car accidents. Therefore, it’s important to always be aware of your surroundings and drive at a safe speed.
- Drunk Driving: Driving intoxicated has been a major source of accidents, as alcohol and drugs impair the driver’s ability to react to their surroundings. Intoxication also affects a driver’s judgment, leading them to make decisions that are potentially hazardous.
- Bad Roads: Motorcycle collisions in Shreveport don’t just come from negligent drivers; sometimes the road conditions can be at fault too. In this situation, if dangerous roads are responsible for the accident, it’s possible that legal action won’t be available as an option. Litigation may only be an option in an accident situation where one of the involved parties can be partly to blame, for instance through over-speeding.
- Inexperienced Drivers: Some people assume that riding a motorcycle is less complicated than driving a car, but that’s not the case. An inexperienced biker can be just as perilous on the roads as a rookie car driver. Unfortunately, AI-powered driving decisions can sometimes be wrong and may put drivers and other road users at risk. Thus, it is important to take extra caution when relying on such technology.
Connect with a Shreveport Motorcycle Accident Attorney
At Wright & Gray, we understand the difficulties associated with a motorcycle accident and its aftermath. We do our best to ensure that everyone gets the financial support they need to move forward with their lives. Whether you’re dealing with physical or emotional pain, we are here to help you get back on your feet. You can book free consultations with us to explore if our services are what you need for your case. You can understand review if we’re able to get your settlement done, before signing up with us.
Who Is Liable in a Motorcycle Accident?
Establishing fault is a key component of any incident, and the same logic applies to motorcycle crashes. Despite common perception that motorcyclists are always responsible for a crash, liability could actually fall on other parties as well. This should not be overlooked and needs to be factored into investigations. It is extremely important to identify who is at fault in a motorcycle accident as Louisiana follows a Fault Accident State policy. This means that the individual responsible for the damage needs to pay for any losses suffered by the injured party.
Motorcycle crashes can be caused by any of the involved parties and each one can be held liable for their part in the incident.
The Motorcycle Rider
Motorcyclists ought to take responsibility for any motorcycle accident they find themselves in. This is because they are in control of the vehicle, and their actions can have a more direct influence on the outcome. A motorcyclist will likely be held responsible for an accident if it is determined that they drove irresponsibly or carelessly. To illustrate, if the driver was excessively speeding or driving while intoxicated either by drugs or alcohol, then the consequence would be grim.
Not only drivers of passenger and commercial vehicles, even they can be held responsible if found negligent. It is possible to cause an accident without any physical contact with the motorcycle – however, it is still essential that they act responsibly at all times. A no-contact collision can happen when a vehicle driver acts carelessly and leads to a situation in which another road user needs to take evasive action. For example, if a bus was driving recklessly and a motorcyclist had to swerve in order to avoid hitting them, then the bus driver would be held liable for any accident that might occur due to the swerve.
The Motorcycle Manufacturer
A faulty motorcycle can be a major cause of an auto accident. Malfunctions in its parts like the brakes, wheels, or pedals could be some of the major factors that can lead to a collision. Even the smallest component being out-of-order can result in a terrible crash. If the cycle were to get injured in an accident, the manufacturer of the bike could be held legally accountable for it.
Recoverable Damages in Shreveport Motorcycle Accident Claims
Motorcycle collisions can have devastating consequences, ranging from financial losses to physical damage. Fortunately, the at-fault party can be held accountable and you are entitled to receive compensation for any losses suffered.
- Medical Bills: In cases of motorcycle accidents, urgent medical attention is usually required. But fortunately, all the costs incurred due to the medical care can be refunded. Even if there is a need for future treatment due to this accident, those expenses can also be reimbursed. When you have a case to settle, submitting medical records is especially important in order to obtain the highest possible level of compensation. Therefore, it is essential that you get the necessary bills for your records.
- Lost Wages: Motorcycle accidents can often leave the victims jobless, which affects their ability to earn an income. To offset this, you may be able to recoup any lost wages during the time you were unable to work. This helps provide a safety net financially in such situations.
- Property Damages: In a motorcycle accident, valuable items such as wristwatches or electronic devices could be lost, misplaced or even damaged. This can result in considerable financial losses and should be taken into consideration when calculating the cost of a crash. No matter what happens, you can reclaim the expenses of such property from the person at fault.
Motorcycle accidents can cause losses that are not always financial in nature and may include physical pain, mental anguish, etc. Experienced personal injury lawyers possess the expertise to assign monetary values to these non-monetary losses.
- Pain and Suffering: Physical pain resulting from an accident is referred to as pain. However, suffering includes the various types of emotional distress caused by that same accident, such as grief, worry, depression, humiliation and so on.
- Loss of Consortium: If your spouse is lost due to a motorcycle accident, you can seek compensation for the losses of the benefits they provided. People rely on these elements for support – physical, emotional, or even just someone to talk to. Intimacy, companionship, comfort, and of course love all make up a part of this invaluable assistance.
What Is the Statute of Limitations for Shreveport Motorcycle Accidents?
Every civil action has a Statute of Limitations and this statute sets the deadline for when the plaintiff must submit a claim. This is to ensure that all legal disputes come to an end in due time. It is strongly recommended to take legal action as soon as possible when memories and evidence are fresh and available. This way, the plaintiff has more chances of success in court.
All motorcycle claims in Shreveport, Louisiana are subject to the same statute of limitations. Notably, the state has a relatively short window for filing personal injury claims compared to other states. It’s important to be aware of this legal requirement and plan accordingly. You must file a claim for a motorcycle accident that occurred in Shreveport within one year from the date of the incident. Any delay beyond that time frame can negatively impact your chances of getting compensated.
It’s important to keep in mind that you have a limited amount of time to file your property damage and personal injury claims. If you wait too long, the courts are likely to reject your petition. In addition, motorcycle accidents also often lead to fatal outcomes. In the event of an individual’s death, their family or estate can take legal action and file for a Wrongful Death lawsuit.
Louisiana’s wrongful death statute of limitations lasts for only one year, so it is important to seek legal help quickly to get your claim filed in the allotted time. While there are rare cases where the statutory period may be extended, a professional motorbike accident lawyer can determine if any such exceptions exist. These cases include scenarios like:
- The plaintiff was a minor at the accident date
- You discovered the injury after the accident date
- The fault party was unknown